June 28, 2007

A 5-4 decision written by Justice Kennedy will mean more consideration of the question whether Panetti is too mentally ill to understand why he is being punished. Here's the case. I will have to read and write about it later, but there are some complexities about when a person may bring more than one habeas petition and the extent to which the right asserted was "clearly established." Justice Thomas's dissenting opinion -- joined by Roberts, Scalia, and Alito -- deals with the requirements of the habeas statute: "Because the Court’s ruling misinterprets AEDPA, refuses to defer to the state court as AEDPA requires, and rejects the Court of Appeals’ approach without any constitutional analysis, I respectfully dissent." Without any constitutional analysis? That's harsh.

On Mondays, Wednesday and Fridays of alternate weeks, it does indeed, amba. On Tuesdays, Thursdays, and Saturdays of alternate weeks, it probably can be found sightly to the left of his heart. What happens on Sundays is anyone's guess.

I'm a simple Westerner, though not a Texan, and of course not a lawyer so much of this lawyer stuff goes over my head, but as I understand it.

1. a jury found him competent to stand trial2. a judge found him competent to represent himself3. a jury found his insanity defense less than cogent despite having shrnjs testify4. he admits to having done the deed in front of witnesses, the daughter and granddaughter of the victims5. a jury found him guilty6. appeals courts found he understands why the State intends to put him to death.

But Kennedy says, because the murderer "doesn't believe" that the state is telling the truth about why they are executing him, the State can't do it?